(1) (a) In order to more fully implement the stated objectives of this title 19, the general assembly declares its intent to establish a juvenile diversion program that, when possible, integrates restorative justice practices to provide community-based alternatives to the formal court system that will reduce juvenile crime and recidivism and improve positive juvenile outcomes, change juvenile offenders' behavior and attitudes, promote juvenile offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by juvenile crime, and reduce the costs within the juvenile justice system.
Research has shown that court involvement for juveniles not identified as a risk ofharm to others is harmful, and most low-risk juveniles grow out of their behavior and stop reoffending without system intervention.
The goals of the diversion programs are to:
Prevent further involvement of the juvenile in the formal legal system;
Provide eligible juveniles with cost-effective alternatives to adjudication that requirethe least amount of supervision and restrictive conditions necessary consistent with public safety and the juvenile's risk of reoffending;
Serve the best interest of the juvenile while emphasizing acceptance of responsibility and repairing any harm caused to victims and communities;
Reduce recidivism and improve positive outcomes for juveniles through the provision of services, if warranted, that address their specific needs and are proven effective; and (V) Ensure appropriate services are available for all eligible juveniles.
The division of criminal justice of the department of public safety is authorized toestablish and administer a juvenile diversion program that seeks to divert youth from the juvenile justice system, and, when possible, integrates restorative justice practices. In order to effectuate the program, the division shall allocate money to each judicial district and may contract with district attorneys' offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses and services to serve each judicial district to divert juveniles and provide services, if warranted, for eligible juveniles through community-based programs providing an alternative to a petition filed pursuant to section 19-2-512 or an adjudicatory hearing pursuant to section 19-3-505.
For purposes of this section:
"Director" is defined in section 19-1-103 (42).
"Diversion" is defined in section 19-1-103 (44).
"Governmental unit" is defined in section 19-1-103 (55).
"Nongovernmental agency" is defined in section 19-1-103 (79).
"Services" is defined in section 19-1-103 (96).
District attorneys' offices or their designees shall:
On and after January 1, 2021, conduct a risk screening using a risk screening toolselected pursuant to section 24-33.5-2402 (1)(c) for all juveniles referred to the district attorney pursuant to section 19-2-510 unless a determination has already been made to divert the juvenile, the district attorney declines to file charges, dismisses the case, or charges the juvenile with a class 1 or class 2 felony. The district attorney's office shall conduct the risk screening or contract with an alternative agency that has been formally designated by the district attorney's office to conduct the screening, in which case the results of the screening must be made available to the district attorney's office. The entity conducting the screening shall make the results of the risk screening available to the youth and family. All individuals using the risk screening tool must receive training on the appropriate use of the tool. The risk screening tool is to be used to inform about decisions about diversion. The risk screening tool and any information obtained from a juvenile in the course of any screening, including any admission, confession, or incriminating evidence, obtained from a juvenile in the course of any screening or assessment in conjunction with proceedings under this section or made in order to participate in a diversion or restorative justice program is not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.
Use the results of the risk screening to inform:
Eligibility for participation in a juvenile diversion program;
The level and intensity of supervision for juvenile diversion;
The length of supervision for juvenile diversion; and
What services, if any, may be offered to the juvenile. Professionals involved withthe juvenile's needs, treatment, and service planning, including district attorneys, public defenders, probation, and state and local governmental entities, such as the departments of human or social services, may collaborate to provide appropriate diversion services in jurisdictions where they are not currently available.
(c) Not deny diversion to a juvenile based on the juvenile's:
Ability to pay;
Previous or current involvement with the departments of human or social services;
Age, race or ethnicity, gender, or sexual orientation; or
Legal representation;
Align the juvenile diversion program's policies and practices with evidence-basedpractices and with the definition of "diversion" pursuant to section 19-1-103 (44); and
Collect and submit data to the division of criminal justice pursuant to subsection (5) of this section.
The division of criminal justice, in collaboration with district attorneys or diversionprogram directors who accept formula money and programs providing juvenile diversion services, shall establish minimum data collection requirements and outcome measures that each district attorney's office, governmental unit, and nongovernmental agency shall collect and submit annually for all juveniles referred to the district attorney pursuant to section 19-2-510 including, but not limited to:
Demographic data on age, race or ethnicity, and gender;
Risk screening conducted;
Risk level as determined by the risk screening or, if no screening was completed, thereason why the screening was not completed;
Offense;
Diversion status;
Service participation;
Program completion data;
Child welfare involvement; and
Identifying data necessary to track the long-term outcomes of diverted juveniles.
(a) Each program providing services under this section shall develop objectives and report progress toward such objectives as required by rules promulgated by the director.
(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to accomplish the objectives of this section. The division of criminal justice shall offer technical assistance to district attorneys' offices, governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data and to support program development and adherence to program requirements. The division of criminal justice shall provide annual program-level reports to district attorneys' offices and submit a consolidated statewide report annually to the governor and to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), these reports continue indefinitely.
A formula must be established for the purpose of allocating money to each judicialdistrict in the state of Colorado for juvenile diversion programs. The executive director of the department of public safety is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of providing restorative justice programs; except that no gift, grant, or donation shall be accepted if the conditions attached to it require the expenditure thereof in a manner contrary to law.
(a) The director may implement a behavioral or mental health screening program to screen juveniles who participate in the juvenile diversion program. If the director chooses to implement a behavioral or mental health screening program, the director shall use the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b) and conduct the screening in accordance with procedures established pursuant to that section.
(b) Prior to implementation of a behavioral or mental health screening program pursuant to this subsection (8), if implementation of the program would require an increase in appropriations, the director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health screening program. If implementation of the behavioral or mental health screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.
Source: L. 96: Entire article amended with relocations, p. 1610, § 1, effective January 1, 1997. L. 99: (7) added, p. 69, § 2, effective August 4. L. 2002: (8) added, p. 575, § 6, effective May 24. L. 2008: (1), (2), and (5) amended, p. 226, § 2, effective March 31. L. 2017: (8) amended, (SB 17-242), ch. 263, p. 1310, § 152, effective May 25. L. 2019: Entire section amended, (SB 19-108), ch. 294, p. 2701, § 7, effective July 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, were contained in several sections in 1986, the year prior to the repeal and reenactment of this title. For a detailed comparison see the "Children's Code (1987)" table located in the back of the index.
Cross references: (1) For provisions relating to volunteerism in connection with this program, see article 31 of title 17.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.